Condominiums are tricky things. They consist of an owned area similar to an apartment, in a large multi-person building. This begs the question: What are the access requirements for such a building, one that combines both private areas and public areas?
Private Areas
Much like a standard home, the inside of a condominium follows the same legal requirements for access and sales. Essentially, buyer beware, but be welcome to buy. A condo owner cannot refuse to sell to someone based on disability, just as they can’t refuse based on gender, religion, or race.
However, they aren’t required to secure wheelchair or other disability access in order to sell to someone. Those are after-market upgrades that a buyer must take care of as needed.
Public Space
The rub comes when you leave the condo itself and enter into the hallways, ways to get to different floors, community amenities, and access to the building itself. It’s murky waters with no clear direction, which is why it’s change needs to happen.
In our opinion, public areas in condo buildings should be held to the same standard as any other public area. Access should be guaranteed to anyone who has a legal right as a condo owner to access, whether that means the building management needs to install ramps, elevators, provide assistance to people, whatever it takes.
Murky Waters
The courts have indicated that is their opinion as well. In the 90s a case was tried regarding time-shares, a situation similar to condos, to help define where the Fair Housing Act ends and the Americans with Disabilities Act begins. It secured that private areas, the condo itself, fell under the FHA, but that public areas must accommodate ADA rules.
The problem is, building compliance rulings like this are not all the same. No unifying voice has been used to indicate what is legal and what is not, leaving condominium owners to largely determine themselves how to handle it.
To their credit, a good portion of condo building owners err on the side of making their buildings ADA compliant. They install appropriate ramps where needed, have elevators waiting with buttons that are easily used by people of all abilities, and some will even lend a helping hand when needed.
But they don’t represent the entirety of the market, or even in many areas the majority. It can be tempted to shave the additional money off of a building project by not following ADA requirements. Thankfully, those that would benefit from the enforcement of the requirements have an advocate in us.
If you’d like information on how we can come to your aid and be your advocate, contact us today.